Pandurang Sakharam Falake And ORS v. Baburao Pandurang Falake And ORS
23 cas746-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.746 OF 2015 IN SECOND APPEAL NO.531 OF 1999 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.
Ms.Manjiri Joshi i/b Mr.S.M.Kamble for the applicant
CORAM
: K.K.TATED, J.
DATED : 02/09/2015 PC:
Heard the learned counsel for the applicant.
This application is preferred by defendants for bringing legal heirs on record of appellant no.1F, Sushilabai Pandurang Falake, who died on 9.10.2000.
Advocate for the applicant submits that legal heirs of deceased appellant no.1F are already on record as legal heirs of appellant no.1. He submits that this Hon'ble Court be pleased to allow the applicant to delete the name of appellant no.1F and treat remaining appellants as legal heirs of deceased appellant no.1F.
Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied Mohite 1/2
23 cas746-15.doc that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:
A) Civil Application is allowed in terms of prayer clause (a) and (b) which read thus:
"(a) The delay of 14 years and 112 days in filing the present Civil Application may kindly be condoned.
(b) That the Applicants be permitted to bring on record the names of L.R.s of deceased Appellant Nos.1F and further the names of Appellants No.1A to 1C and 1E which are in their individual capacity be brought on record as legal heirs of deceased Appellant No.1F and Applicants be permitted to amend the cause title of the Second Appeal accordingly."
B) Amendment be carried out within 6 weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.
C) If amendment is carried out within stipulated time as stated hereinabove, applicant to serve amended copy of appeal memo on respondent or their advocate thereafter.
D) Civil application stands disposed off accordingly.
(K.K.TATED, J.) Mohite 2/2